McBride and Perrett

This matter concerned an application before Judge Brown in the Federal Circuit Court of Australia, involving the parties, McBride and Perrett, and their five children. The dispute centred on arrangements for the children's living arrangements, time spent with each parent, and related protective orders.

The court was required to determine the interim living arrangements for the children, the specific time the father would spend with them, and to consider the necessity of appointing an Independent Children’s Lawyer and obtaining a family report. Additionally, the court needed to address issues of parental conduct in the presence of the children and the father's use of alcohol or illicit substances.

In its reasoning, the court applied provisions of the *Family Law Act 1975*, including sections relating to the appointment of an Independent Children’s Lawyer (s 68L) and the preparation of family reports (s 62G(2)). The court ordered the urgent appointment of an Independent Children’s Lawyer and directed the parties to attend a family report assessment, outlining specific matters to be covered in the report, including the children's views and relevant legislative considerations under ss 60CC, 61DA, and 65DAA. The court also issued injunctions restraining both parties from abusing or denigrating each other in the children's presence and restraining the father from consuming alcohol or illicit substances while the children were in his care or within 12 hours prior.

The court ordered that the children live with the mother and detailed the father's time with the children during school terms, school holidays, and specific birthdays and holidays. Handovers were to occur at the front door of the father's home. The court further ordered that the mother's evidence be transcribed and provided to the parties, and adjourned further consideration of the matter for directions following the release of the family report.